PADAM BAHADUR RANA Vs. NATIONAL INSURANCE COMPANY

JUDGEMENT

(1.) In this appeal the appellant/claimant has challenged the judgment dated 30.7.2007 passed in MAC Case No. 203/2005 by the learned Member, Motor Accidents Claims Tribunal, ('MACT' for short), Sonitpur, Assam. Brief fact of the case is that on 17.5.2004 the appellant was riding his scooter bearing registration No. AS 12B 4220 from Lokra towards Tezpur. When the appellant reached Khelmati NH 52 at about 10 AM, suddenly a cow appeared before the running scooter and while the appellant was trying to save the cow, his scooter got capsized and he fell down. As a result, he sustained grievous injuries on his person and was taken to Kanaklata Civil Hospital at Tezpur by the local people. He was treated for about 6 months by different doctors and spent about Rs. 50,000/- for such treatment. The accident caused multiple injuries on different parts of his body for which he could not do any hard work which has affected his earning. His scooter was insured with National Insurance Company Limited, Tezpur Branch, Tezpur vide policy No. 200201/31/04/6700756 for the period w.e.f. 13.05.2004 to 12.05.2005.

(2.) Relying on the insurance policy the appellant filed a claim petition under Section 163 (A) of Motor Vehicles Act, 1988 ('the Act' for short) before the MACT, Tezpur claiming compensation of Rs. 2,00,000/- from the Opposite party, i.e. National Insurance Company Limited. In the said claim petition, the appellant has shown himself as owner and driver of the scooter. The aforesaid claim petition was registered as MAC Case No. 203/2005.

(3.) The opposite party after receiving the notice in the case, submitted its written statement thereby raising the question of maintainability of the claim petition and also denied the claim made therein by the respondent Insurance Company. Paragraphs 3, 4 and 5 of the written statement are quoted hereinbelow: